If I’m self employed and drive a truck for a fleet owner that is leased on with a trucking company, can I put a lien on it regarding a pay dispute?

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If I’m self employed and drive a truck for a fleet owner that is leased on with a trucking company, can I put a lien on it regarding a pay dispute?

Recently I realized my pay was incorrect by over $870.00. I brought it to the fleet owners attention and was fired. The truck is still in my possession and I am going to be returning it to the trucking company. I wanted to know if I have a leg to stand on, am I able to place a lien on the truck until I am paid what I am owed?

Asked on May 14, 2015 under Business Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you have no legal right to hold on the truck physicially or else put a lien on it--doing so could even subject you to legal liability, such as for malicious use of process, bringing a frivolous claim, and/or (if you physically hold on to it), theft. Your recourse is to sue your former employer, such as in small claims court (acting as your own attorney, to minimize legal fees) for the money.


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